Text: HF02469 Text: HF02471 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 730.6 PUBLIC SAFETY EMPLOYEES –
1 2 DRUG TESTING.
1 3 1. For purposes of this section, "public safety employee"
1 4 means an employee of a city who is a fire fighter, a peace
1 5 officer as defined in section 801.4, or an emergency medical
1 6 care provider as defined in section 147A.1.
1 7 2. Notwithstanding the provisions of section 730.5 to the
1 8 contrary, an employer of public safety employees may elect to
1 9 require public safety employees of the employer to submit to
1 10 drug and alcohol testing pursuant to a written policy adopted
1 11 by the employer and applicable to all such employees. The
1 12 written policy shall establish procedures and standards for
1 13 drug and alcohol testing of public safety employees which
1 14 shall be consistent with the procedures and standards
1 15 established for drug and alcohol testing of employees under
1 16 the federal Omnibus Transportation Employee Testing Act of
1 17 1991.
1 18 3. The written policy shall provide that upon receipt for
1 19 a public safety employee of the first confirmed positive drug
1 20 or alcohol test result, the employer shall provide the public
1 21 safety employee with a substance abuse evaluation, and
1 22 treatment if recommended by the evaluation, with costs
1 23 apportioned as provided under the employee benefit plan or at
1 24 employer expense, if an employee benefit plan is not in effect
1 25 which apportions costs. The employer shall take no
1 26 disciplinary action against the public safety employee upon
1 27 receipt of the first confirmed positive drug or alcohol test
1 28 result if the public safety employee undergoes a substance
1 29 abuse evaluation, and if the public safety employee
1 30 successfully completes substance abuse treatment if treatment
1 31 is recommended by the evaluation. However, if a public safety
1 32 employee fails to undergo substance abuse evaluation when
1 33 required as a result of a drug or alcohol test, fails to
1 34 successfully complete substance abuse treatment when
1 35 recommended by an evaluation, or fails to pass subsequent drug
2 1 or alcohol tests as provided in the written policy, the public
2 2 safety employee may be disciplined up to and including
2 3 discharge. The substance abuse evaluation and treatment
2 4 provided by the employer shall take place under a program
2 5 approved by the department of public health or accredited by
2 6 the joint commission on the accreditation of health care
2 7 organizations.
2 8 EXPLANATION
2 9 This bill permits cities to elect to require drug and
2 10 alcohol testing of public safety employees. The bill defines
2 11 public safety employees as an employee of a city who is a fire
2 12 fighter, a peace officer as defined in Code section 801.4, or
2 13 an emergency medical care provider. The bill further provides
2 14 that a city which elects to require drug and alcohol testing
2 15 shall establish a written policy governing testing procedures
2 16 which shall be consistent with the requirements for drug and
2 17 alcohol testing under the federal Omnibus Transportation
2 18 Employee Testing Act of 1991. In addition, the bill provides
2 19 that the written policy shall require rehabilitation of a
2 20 public safety employee following a first positive drug or
2 21 alcohol test and that the costs of the rehabilitation be
2 22 apportioned pursuant to the applicable employee benefit plan
2 23 or, if no such plan exists, at employer expense. If the
2 24 public safety employee fails a second or subsequent test, or
2 25 fails to comply with the rehabilitation, the city may
2 26 discipline the employee up to and including discharge.
2 27 LSB 1668HV 77
2 28 ec/cf/24
Text: HF02469 Text: HF02471 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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